A Christmas Dixons were offering, both in their brochures and by a placard in the store, a computer, joystick and four software packages, including Nintendo games, all for andpound;149.95. A Mrs Grover decided to buy this from Dixons, her son being particularly interested in Nintendo games. She paid a deposit on 12th December. She returned a few days later to take delivery. On getting home she found that three of the software packages were not there, including the Nintendo games. At some point on the 12th Dixons had apparently run out of those three software packages. It was submitted on behalf of Dixons that the trade descriptions were true when the placards were put up and the fact that they ran out of stock thereafter did not make the trade descriptions false. ‘This was not, as in the case of the corner table in the Cavendish Woodhouse case, a simple failure ‘to deliver one or more of the elements contracted for, because during the relevant days the respondents, in the knowledge that they had no stock of items 3-5, were offering and supplying a package which customers understood contained everything described on the placard.’ The trade description became false sometime on 12th December and remained so at the time that Mrs Grover had taken delivery.
Judges:
Watkins LJ and Hutchinson J
Citations:
[1991] Tr LR 89
Citing:
Cited – Cavendish Woodhouse Ltd v Wright 8-Mar-1985
If a salesman in a shop makes representations to say that he could supply goods identical to a sort described, the description becomes attached to the goods delivered for the purposes of the Act, and if it is false, it is a false description. The . .
Cited by:
Cited – Shropshire County Council (David Walker) v Simon Dudley Limited Admn 17-Dec-1996
A customer’s description of the goods he required was a trade description for the future supply of those goods by the seller claiming to fulfil that specification. The trading standards officer appealed dismissal of his prosecution of the defendant . .
Lists of cited by and citing cases may be incomplete.
Consumer
Updated: 13 May 2022; Ref: scu.194023